• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Jurisdiction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

saroman

Guest
I am a subcontractor in Texas doing work under an agreement with a firm in Kentucky involving both a monthly retainer and a commission. All of my activities are conducted in Texas. The Kentucky firm has refused to pay my commissions because they claim they were not paid by their clients. There is no "pay-when-paid" clause written into the agreement. My question is: which state has jurisdiction? Can I file a suit in both states? Thanks.
 


I AM ALWAYS LIABLE

Senior Member
saroman said:
I am a subcontractor in Texas doing work under an agreement with a firm in Kentucky involving both a monthly retainer and a commission. All of my activities are conducted in Texas. The Kentucky firm has refused to pay my commissions because they claim they were not paid by their clients. There is no "pay-when-paid" clause written into the agreement. My question is: which state has jurisdiction? Can I file a suit in both states? Thanks.
My response:

1. What does the contract say about jurisdiction; i.e., which State laws apply to the contract ?

2. Who wrote the contract ?

3. What does the contract say about dispute resolution; e.g., Arbitration ?

IAAL
 
S

saroman

Guest
The agreement is not a contract in a traditional sense. It is a letter enumerating the specific compensation for work done. For example, it includes a monthly retainer clause plus clauses covering commissions to me under various conditions. It was drafted by, signed and dated by the owner of the company that contracted me, and it was countersigned by me. Most important, I think, is that the actual terms of the letter agreement have been implemented for over two years. Every applicable clause has been enforced until this problem arose. Unfortunately, the letter agreement doesn't address jurisdiction or dispute resolution. Thanks.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then, jurisdiction is in the State of Texas, and in the County where your work was performed. Since the "employer" availed himself to Texas law, through you, to have his work completed in that State, then the employer has satisfied the Constitutional requirements for "minimum contacts" with the State of Texas.

So, the only question becomes one of amount owed, because there is no "pay when paid" clause (and, even if it did, it's highly unlikely that such a clause would be upheld by a court anyway). If the amount owed to you is within the jurisdictional limits of Small Claims court, then file there, and have the employer served with a copy of the Complaint.

Collection is, however, another matter. But, first things first. Go file and get your judgment. Then we'll discuss judgment collection later.

Keep us informed.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top